Thank you for booking a tour with Phaedrus India Expeditions Private Limited.
PHAEDRUS INDIA EXPEDITIONS PRIVATE LIMITED IS REGISTERED IN THE STATE OF DELHI, INDIA. CORPORATE IDENTITY NUMBER U63090DL2018PTC334931. THIS AGREEMENT IS MADE IN INDIA WHEN WE ACCEPT YOUR BOOKING AND IS SUBJECT TO THE EXCLUSIVE JURISIDCTION AND LAWS OF THE REPUBLIC OF INDIA.
Phaedrus India Expeditions Pvt Ltd has introduced adventure travel products wherein we are offering tour packages to people who are interested in adventure tourism involving both challenge and pleasure. Phaedrus India Expeditions Pvt Ltd is facilitating your adventure providing tour guides, motorcycles/motorcars and support facilities. Driving or Riding on unfamiliar, unpaved or even off roads can be hazardous and requires a reasonable degree of fitness, skill and attention at all times.
These Terms and Conditions (hereinafter called the “Terms”) apply to any travel Tours and/or services you have booked with or purchased from Phaedrus India Expeditions Pvt Ltd (hereinafter referred to as the “Company” or “Phaedrus India”)and govern the contractual relationship between you(hereinafter referred to as the “client” or the “traveller”) and Phaedrus India Expeditions Pvt Ltd with respect to any such travel Tours and/or services (hereinafter called the “Tour/s”). Please read these Terms carefully, as by booking any Tour of Phaedrus India Expeditions Pvt Ltd or by travelling on a Phaedrus IndiaExpeditions Pvt Ltd Tour, you acknowledge that you:
Have read and understand these Terms, and
Indicate your express acceptance of and agree to be bound by these Terms.
If you have confirmed a booking on any Tours with more than one person named and booked on such a booking, you shall be deemed to have accepted these Terms assuming full responsibility on behalf of all persons named in the booking and travelling on or otherwise participating in any Tours and by such travel or participation all persons named in the Booking Form indicate their assent to these Terms. These Terms constitute the entire agreement between you and your companions and Phaedrus India with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.
You must fulfil the conditions set out by the Reserve Bank of India and all applicable laws in India and have a passport valid for at least six months from the scheduled date of return from the tour and have the necessary visas to travel throughout the tour. Travel Insurance, covering every entuality for an Adventure Travel Tour of such nature is the sole responsibility of the traveller. You need to have a valid Driving License and a valid International Driving Permit if you are riding or driving on the Tour. You must sign the Medical Form, the Liability Waiver Form and the Undertaking at the time of booking the Tour.
THE BOOKING CONTRACT
Your booking is an offer BY YOU to us to take part in a Tour. If we accept your request to participate a contract for the provision of services arises which is subject to these terms and conditions.
You are required to be no less than 18 years of age to book a tour. Further note, you agree to provide full, complete, valid and accurate information as requested by Phaedrus India to confirm such booking. While confirming a booking on any Tours, with more than one person named and booked on such booking, you represent and warrant to Phaedrus India that:
You have the requisite consents and authority to make such booking on behalf of all other persons named on the booking form, and have communicated all necessary information to the persons in order for them to give free and fully informed authorization to you to do so;
The information that you are providing regarding all persons is complete and accurate and you have obtained all necessary consents and permissions to share such information with Phaedrus India for the purposes of completing the booking; and
You will inform all the persons on the relevant booking of the applicability of these Terms and Conditions to the booking and their relationship with Phaedrus India Pvt Ltd.
At any time before a booking is confirmed, Phaedrus India reserves the right to increase or decrease brochure prices of any Tours. Phaedrus India reserves the right to decline any booking, at their sole discretion.
BOOKING AND ADVANCES
At the time of booking (if the booking is done more than 90 days prior to the start of the Tour) an advance deposit per traveller per tour is due to Phaedrus India. Your deposit is non-refundable, and has been paid to secure your place. You also have the option of making the entire Tour payment at the time of booking the Tour. The balance payment needs to be made 90 days prior to the tour start date. If full payment is not received by such due date, Phaedrus India reserves the right to treat such booking as cancelled and levy applicable cancellation fees as per the cancellation policy.
Please read our Cancellation Policy to know the extent, conditions and scope of refund in case of any cancellation by you.
Your advance payment must be accompanied by the following documents.
Signed Booking Form
Signed Terms and Conditions
Signed Medical Form
Signed Liability Waiver Form
As a condition to valid confirmation of any booking with Phaedrus India you must provide all necessary information as requested by Phaedrus India at the time of booking. If you fail to provide such information , Phaedrus India reserves the right to treat such booking as cancelled and levy cancellation charges as per the Cancelation and Refund policy.
Phaedrus India is not liable / responsible for any charges levied or charged by third parties and/or financial institutions and payable by you as a result of credit card or other payment transactions in connection with the purchase of your tour /s and will not refund or return any fees and / or penalties charged by such third parties in connection with payments made by you to Phaedrus India.
CANCELLATION OF A TOUR BY YOU
If circumstances make you cancel your tour, the cancellation must be intimated to us in writing duly signed by each of the travellers seeking cancellation at the Registered Office address of Phaedrus India Expeditions Pvt Ltd, 118, KADAMBARI, Plot No. 19, Sector 9, Rohini, Delhi – 110085, India or email us at email@example.com
In case of third party products such as bus, train tickets, certain premium hotels, services during trade fair period, festive period, the rules relating to cancellation and the cancellation schedule prescribed by the concerned third party service provider would be applicable.
GST is applicable on all cancellation charges. Post deduction of cancellation charges along with service tax, your balance amount will be refunded in Indian Rupees.
Booking form signed by one or more travellers and /or communication signed by such signatories would be treated as valid communication for cancellation for all such traveller/s mentioned in the form assuming full responsibility. The computation of the period of notice of cancellation shall commence only from the time an email is received by the Company at firstname.lastname@example.org on working days within office time.
It is a clear understanding between the parties that for the purpose of this clause, cancellation can be due to any reason whatsoever, including the reason of inability to participate due to any reason including medical, death, court orders, non-availability of documents etc.
In the following cases you shall be deemed to have cancelled the tour even if no cancellation notice is issued by you:
In case of visa rejection, you would be deemed to have cancelled on the date of intimation of such rejection.
If you fail to pay the tour cost in time or if you commit any other default in relation to your booking, we may treat such failure or default as a cancellation of the booking by you. In such case, the cancellation charges shall be computed with reference to the date on which we issue you a notice of cancellation.
If on your failure of payment or other default, no notice of cancellation is issued by us but your payment or default remains outstanding on the date of departure, the booking shall be deemed to have been cancelled by you without any advance notice, inviting the highest cancellation charge.
You expressly agree to abide by the aforementioned terms and conditions.
ALTERATIONS AND/OR CANCELLATIONS BY YOU
No name changes may be made once the booking is in place. However, Phaedrus India will attempt to accommodate other change requests such as bed type, other dependent changes such as vehicles, hotels, which shall be subject to availability. Further, please note that you shall be liable/ responsible to pay the additional fees/costs for such dependent services for any change request. Day of cancellation and/or alterations will be calculated as the day Phaedrus India receives the cancellation and/or alteration notice in writing from you. Any changes to tour booking after confirmation may be subject to cancellation charges as per the cancellation policy in addition to any expenses incurred towards any other non recoverable charges and administrative charges as well as any supplementary charges like courier fees, etc. The company will advise of such charges at the time the change is requested. In the event of a Tour being cancelled before receipt of full payment, part or full advance amount shall be refunded as per the cancellation policy.
Special Requests: Phaedrus India cannot guarantee specific requests such as room location, adjoining rooms, bed preference, wheel chairs or any other request. While the company will attempt to advise service providers of such requests, it cannot be held liable / responsible if such requests cannot be fulfilled or if local surcharges are applied,. You shall be solely liable and responsible to pay the same directly to the supplier.
TRANSFER OF PARTICIPATION
Subject to giving at least 30 days notice in writing that you are unable to take part in the Tour or are prevented from travelling due to circumstances beyond your control, Phaedrus India will agree to your booking being transferred to another person who satisfies all the conditions applicable to the package, subject to both you and that person accepting joint and several liability for full payment of the Tour price and Phaedrus India’s charge for confirming the transfer and any additional costs arising from the transfer.
CANCELLATION OF A TOUR BY PHAEDRUS INDIA
Phaedrus India will not normally cancel a booking of any Tour once confirmed, in accordance with these Terms, except for reasons of (a) any Tour not having been booked by a minimum number of travellers, thus making it unviable for the company to organize it, given the nature of fixed administrative costs and other overhead expenses or (b) ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of the company. When a tour is cancelled by Phaedrus India before the agreed date of departure for reasons not arising from the fault or negligence of or within reasonable control, the client shall have the choice of:
Accepting from Phaedrus India a substitute tour of equivalent or superior value, where such substitute is reasonably available; or
Accepting from Phaedrus India a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from Phaedrus India, the difference in price between the price of the tour originally purchased and that of the substitute tour; or
Accept from Phaedrus India a refund of all monies paid for the cancelled tour (s) in Indian Rupees after deduction of the costs that are non-recoverable, like currency conversion charges, taxes and levies, administrative charges, and other overhead expenses etc as applicable from time to time and case to case but no compensation/interest is payable
Phaedrus India is not liable/responsible for any incidental expenses or consequential losses that you may have incurred as a result of the confirmed booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc.
Adventure Motorcycling and Driving is inherently uncertain. You must obtain cancellation insurance as part of your travel insurance. It is in the nature of all adventure motorcycling that unforeseen events might cause the loss of fees and expenses you incur.
It is clearly understood that there shall be no refund or compensation whatsoever for unused / unutilized services. This general rule applies to all kinds of non-utilization or under-utilization of tour services like sight-seeing, excursions, meals, hotel stays etc whether of the whole or part of the tour and whether as a matter of your choice, or caused by your fault or compelled by circumstances such as ill-health, weather, external factors etc.
As a consequence of the above rule, please note that no refund will be admissible in the following circumstances (amongst others).
If you fail to join the group at the commencement of the tour or join the group later or leave the group before culmination of the tour for any reasons whatsoever.
If you fail to or are unable to utilize any of the services on the tour like travel, hotels, sightseeing, rides, cruises, meals, entrance fees, optional tours etc. due to any reason whatsoever such as late reporting, ill-health etc.
If you terminate your participation in the tour due to your own fault, negligence or breach of these Terms.
PRICES, SURCHARGES AND TAXES
Phaedrus India reserves the right to impose surcharges on any Tour(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Tour(s).
Tours are priced and advertised inclusive of applicable taxes and such taxes will be advised to you at the time of booking and itemized on subsequent invoicing.
The prices of Tour/s advertised in the brochures and on Phaedrus India website are based on costs in effect at the time of printing the brochure or – hosting on the website. Phaedrus India reserves the right to alter prices of any Tour at any time prior and /or post receipt of payment in full for such Tour. All dates, itineraries and prices are indicative only and the price quoted at the time of booking shall be the applicable price, subject to the surcharges that may be levied. Rate of exchange will be as per the day of payment.
While Phaedrus India will endeavour to operate all Tours as advertised, reasonable changes in the itinerary of any Tour may be made where deemed necessary or advisable for operational reasons by Phaedrus India, at its sole discretion. If the company makes a Material Change (defined as a change affecting at least one in two full tour days of the itinerary, or which materially affects the character of the Tour in its entirety) to any Tour, it will inform you of any Material Change as soon as reasonably possible, provided that there is sufficient time before the departure to properly notify you. lf a Material Change is made more than’ 14 days prior to departure, you may elect to:
Accept the Material Change and proceed with the amended Tour;
Book another Tour of equivalent or greater value, if available. (You shall be liable / responsible for paying any difference in price between the amended Tour and the Tour booked in its place); or
Book another Tour of a lower value, if available, with a refund payable to you of the difference in price after deducting the non recoverable costs, or
Cancel and receive the applicable refund of all monies paid in respect of the applicable Tour (and for clarity, this shall not extend to additional Tours booked by you which are not subject to any Material Change).
You must notify Phaedrus India of your decision in writing within 7 days of receiving the notification of alteration, or you shall have been deemed to accept the Material Change and deemed to have agreed to the amended Tour itinerary.
If any Material change arises from reasons of Force Majeure, as hereinafter defined, you shall be entitled to recover only the costs of the Tour recoverable by Phaedrus India. Once a Tour has departed, changes to such Tour’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Tour operation, health, safety, your enjoyment, or your comfort. Any such changes are at the discretion of the Tour leader or other designated Phaedrus India representatives on tour and any indirect costs incurred as a result will be your liability / responsibility. Phaedrus India will not be liable / responsible for any indirect and or consequential losses associated with any changes to a Tour’s itinerary.
Transfer made by you : A transfer from one Tour to another may only be made 45 working days or more depending on the destination, prior to departure of the applicable Tour, and such transfer must be approved by Phaedrus India. Any request to transfer received less than 45 working days depending on the destination, prior to the departure, will not be accepted.
Other Changes: Any changes to a file will depend on availability and you will be on a request basis and subject to Phaedrus India’s approval. Any extra costs incurred for making the change will be charged to you along with an Administrative Fee. No changes are permitted to any booking within 30 working days prior to your departure date under the applicable booking.
Please note that all baggage and personal effects are at all times and in all circumstances the liability / responsibility of yours. Please be careful to ensure that cameras, binoculars, musical instruments, mobile phones, credit cards, ornaments, traveller’s cheques, currency notes, travel documents should never be left unattended in the hotel, restaurant, aircraft, coach or any other mode of transportation, at the place of amusement/ sightseeing or in the airport and / or railway / cruise station. If you misplace or lose any moveable property, Phaedrus India will not be liable / responsible for – any theft, loss, or misplaced baggage.
Phaedrus India strongly recommends bringing a backpack or duffel bag, as suitcases can be cumbersome and difficult to store on luggage vans, under seats, etc. Keep in mind that you will normally have to carry your own luggage on and off the support and luggage vehicles and up and down hotel staircases. Suitcases with wheels may not work well on dirt or cobblestone roads.
Further, please note that there shall be specific requirements for different Tours, depending upon the weather conditions, topography,etc.
ACCEPTANCE OF RISK
Accommodation, transportation, activities and excursions and other components of Phaedrus India’s Tours will be arranged with local suppliers to the region where the Tour operates, who may themselves engage the services of local operators and/or sub-contractors. Phaedrus India at all times endeavours to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Tours operate. The terms and conditions of all suppliers of Tour/s will be applicable to the Tour provided by such supplier and are expressly incorporated into these Terms and Conditions. These may limit or exclude liability of the supplier. The liability of Phaedrus India will not exceed that of any supplier of any Tour component. The components that make up each tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated.
You are aware that the Tour in addition to the usual dangers and inherent risks, has certain additional dangers and risks, and that such risks simply cannot be eliminated without jeopardising the essential quality of the activity and that these inherent risks contribute to the enjoyment and excitement and are the reason for your participation.
The risks include, but are not limited to, travelling in mountainous terrain, unstable and crowded roads, physical exertion for which you may not be prepared, altitude, civil unrest, forces of nature, all forms of transportation, accident or illness in remote areas without means of rapid evacuation or proper medical facilities.
Attitudes to and standards of safety are very different to those in Western Europe. Minimum standards of vehicle maintenance or driving standards are not widely enforced. You must accept all the consequences of such a different lifestyle, culture and attitudes, which may be averse to your well-being.
You acknowledge that the countries that we travel in are for the most part, underdeveloped by Western standards. The basic infrastructure and level of tourist amenities, including creature comforts and level of accommodation may be of much lower standards than you are used to.
You acknowledge that the nature of this type of travel requires a considerable degree of tolerance and a flexible constructive attitude.
Your guides are there to help you experience true adventure riding and to advise you, they cannot remove or prevent injury or even in extreme circumstances death.
If we have any concern as to your health conduct or physical or mental ability which might endanger you or which appears to us might affect the progress or safety of the Tour you may be excluded from the whole or part of the Tour at our absolute discretion. In such circumstances no refund or compensation will be due to you.
Your booking on an expedition trip acknowledges the schedules of repositioning Tours are subject to weather, technical, mechanical, and other delays. This means the itinerary may need to be adjusted from time-to-time, at the sole discretion of the company. Phaedrus India reserves the right to delay the published departure date by 24 hours and/or published arrival date of such Tours by 24 hours with no penalty payable to you.
Phaedrus India strongly advises that you make your connecting flights and other reservations to account for such necessary flexibility. Should the departure and/or arrival times or dates be adjusted by upto 24 hours, Phaedrus India is not liable / responsible for any costs directly or indirectly incurred by you as a result of such changes.
INCLUSIONS AND EXCLUSIONS
Please refer to the relevant section of inclusions / exclusions. All services will be as per those specified / confirmed and paid for. If you avail any service which is not included in the Tour cost or gets upgraded, then the payment for the same will have to be cleared directly by you.
Please note that porterage, room service, laundry, excess baggage charge, a la carte meals, alcoholic beverages and soft drinks, paid toilets etc. are not included unless specifically mentioned as included in the Itinerary and such expenses shall be directly paid by you. All personal expenses are excluded.
No refund will be allowed in case of no-shows. There will be no refund for unused vouchers / services.
In the event of cancellation / re-scheduling of flight, if hotel rooms are available for the subsequent day or on an alternative schedule, then to the extent possible, you shall be accommodated.
Refunds (if any) for the amendments and / or cancellations will be paid directly to you without interest by Phaedrus India after deduction of the applicable taxes. It would take at least 45 days for us to refund the money which will be paid in INR only as per RBI rules and regulations at the prevailing buying rate on the date of refund.
Please note that accidental and medical insurance is mandatory on all Phaedrus India Tours. You acknowledge that it is mandatory that you obtain travel insurance with a minimum accidental, medical, evacuation, and repatriation coverage of 200,000 GBP covering the Phaedrus India Tour being embarked upon and must provide proof that such coverage is in place to the Tour Leader or other representative at the initial meeting of the Tour group.
You (and your pillion if applicable) must hold valid and adequate personal travel insurance, for the period of the event, that includes driving vehicles and riding motorcycles in a foreign country, and medical cover which includes repatriation back to the your country. Your insurance should include any additional costs incurred by Phaedrus India assisting you to a place of safety or additional costs of providing assistance to you..
We strongly recommend that you procure suitable travel insurance as soon as possible after signing up for the Tour. This should provide cover against additional costs, accommodation, cancellation charges, unexpected curtailment of the trip, legal and medical expenses, loss or damage to luggage and personal liability claims.
Proof of travel insurance is required when you pay the balance payment due 90 days prior to the start of the event.
If any adventure sports are included in the tour package, you shall avail of the same at your own risk having regard to your medical condition. Phaedrus India shall not be liable / responsible for any death, injury or other loss due to your participation in such adventure sports and any release form that you may be required to sign by such person / service provider / club / association / organization / hobbyist / institution will be binding.
Please take note that, in case of death all the arrangements for transportation of the dead body including procuring the death certificate, post-mortem, re-patriation of dead body and all personal effects / property and insurance claims etc. shall be made by accompanying relative and / or accompanying known acquaintances of the deceased. Phaedrus India shall not be responsible / liable for extending any help for the same. The entire expenses shall be borne by the accompanying relative and / or accompanying known acquaintance of the tourist. Phaedrus India or the Tour Leader or other designated Phaedrus India representatives on tour shall not be responsible / liable for the same. In case any relative wants to visit the country where the tourist has expired, all the necessary travel arrangements may be made by Phaedrus India – at an additional cost.
Please note that you would have a direct contractual relation with the insurer and Phaedrus India is not in any manner concerned with this relationship. You shall directly submit claims to your insurance company. The insurance company shall directly pay the settlement amounts to you and any dispute in regard to rejection of claim or adequacy of settlement amount shall be settled by you directly with the insurance company.
THIRD PARTY DAMAGES
You are responsible for any loss damage or injury caused to any third party in India. The motorcycle you ride or car you drive is insured by the owner of the vehicle for losses caused by injury to third parties, this policy is available for inspection. It is however customary for collision damage to be settled in cash by the rider or driver, which may or may not be recoverable from the insurers.
DAMAGE TO THE VEHICLE
You are responsible for returning the vehicle in good condition subject to fair wear and tear commensurate with the conditions where the Tour operates.
Should any damage occur to your motorcar or motorcycle through driver or rider error you will be liable for the cost of repairs.
On a Phaedrus India tour, the Medical Form is mandatory for you to participate. If there is any pre-existing medical condition (as defined in the Medical Form), then the Medical Form of Phaedrus India needs to be duly signed by a licensed, competent and practicing physician.
MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
In addition to the Medical Form you must also inform any medical conditions, pregnancy, disability or any other mental and or physical condition which may impact fitness to travel, and/or any continuing medical condition. Phaedrus India may refuse to carry medically unfit persons and / or pregnant women over 24 weeks or persons with certain conditions, if suitable accommodation or alternate Tours or services cannot be arranged. Phaedrus India shall not be liable / responsible for any failure to accommodate or fulfil such requests.
OUR SCOPE OF SERVICES
Phaedrus India inspects and selects the services to be provided to you. However, we do not own, operate or control any airline company, cruise liner, shipping company, motorcycle rental, car hire, coach or coach company, hotel, transport, restaurant or any other facility or provider that is engaged to provide services during the course of the tour. Therefore, please carefully note that:
You will need to adhere to the conditions, rules and regulations of each service provider. We are not liable / responsible for the consequences if you breach such rules and regulations;
If you cause any injury or damage affecting such service provider, then you may be liable / responsible to the service provider and if the service provider recovers any monies from Phaedrus India for such injury or damages, we shall separately charge you for the same;
We cannot be held responsible / liable for any delay, deficiency, injury, death, loss or damage etc. occasioned due to act or default of such service providers, their employees or agents.
It is entirely your responsibility to hold and carry on tour, valid and genuine travel documents including airline tickets, service vouchers, passport, which must be valid for a period of minimum six months from the date of return from the scheduled tour or as applicable with necessary Visa/s and Immigration clearance (if applicable), confirmed air tickets, documents confirming insurance to cover risk to life, limb and property for the entire duration of the tour, medical clearances, inoculation / vaccination certificates, as the case may be, to be able to travel as per the Tour Itinerary or any applicable waivers for any additional services booked
You will also be required to sign a separate Liability Waiver Form expressly assuming the risks associated with the riding tours and releasing Phaedrus India Pvt Ltd and all other related, affiliated, associated or otherwise connected corporations, partnerships, individuals and other entities and all of their respective officers, directors, employees, contractors, agents, successors and assigns, from all liability (including but not limited to injury, loss or death) and waiving all claims. You will not be permitted to participate in the Tour/s unless you execute this form.
Any information or advice given by Phaedrus India regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to you, and the company is not liable / responsible for any errors or omissions in the information provided, or in the information provided to you by third parties such as government or travel authorities.
Please note that all travel documents for Tours such as vouchers, itineraries and invoices will be sent electronically, via email to the e-mail address provided on your booking, upon receipt of full payment by Phaedrus India.
Phaedrus India reserves the right to impose an administration fee, if you wish to receive your travel documents by other means.
Based on the holiday option chosen, you have to obtain visas before departure. It is necessary for you to ensure that you have the appropriate passport, which is valid for at least six months from the date of return from the tour or as applicable. Furthermore, you will be required to take the appropriate visas for going on the tour. Please note, that it is totally at the discretion of the concerned Consulates / Authorities to grant / reject your visas. It will be your responsibility / liability to apply for the visa with a complete set of documents required by the Embassy / Consulate within the stipulated period, thereby ensuring the issuance of correct visas and timely compliance of the Visa formalities required for the tour you have booked. In the event the application for visa made by you or the Company on your behalf is rejected by the concerned Embassy or Authorities due to inadequate documents furnished by you or where the visas could not be processed due to late submission of application by the tour participant or due to any other reason whatsoever, the Company shall not be liable or responsible for the same.
Please take note that if you are flying, you may transit through different countries for which there may be change in visa requirements such as multiple entry visa or a transit visa. It shall be your responsibility / liability to ensure issuance of the necessary / proper visas.
Phaedrus India shall not be liable / responsible in any way to you for death, bodily injury, illness, damage, deficiency, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Phaedrus India’s failure to commence, perform and/or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by act of god, war or threat of war, declared war, war riots, mechanical breakdowns, acts of the public enemy, actual or threatened terrorist activity, acts of terrorism, terrorism, hostilities civil disturbances, insurrections, industrial dispute, strikes, financial/economic slowdown and / or meltdown, accidents, explosions, implosions, fires, earthquakes, volcanic ashes, floods, transportation embargoes, epidemics , interference by authorities, political disturbance, howsoever and whereso ever any of the same may arise or be caused, riot, insurrection and government restraint, extreme weather or any other cause whatsoever beyond the reasonable control of Phaedrus India; or an event which Phaedrus India or the supplier of services, even with all due care, could not foresee.
CLAIMS AND COMPLAINTS
You agree to bring any complaints whilst on tour to the notice of the Tour Leader or other designated Phaedrus India representative on tour marking a copy of the complaint to Phaedrus India as soon as possible in order to provide an opportunity to address such complaint and take remedial measures on the spot. Phaedrus India assumes no responsibility / liability for complaints that are not properly brought to the attention of the Company with sufficient notice for the Company to resolve or attempt to resolve your complaints. Any complaint made after the completion of a Tour must be received in writing within 30 days of the end of the tour. You acknowledge and agree that Phaedrus India will not accept any responsibility for claims received after this period.
You acknowledge that depending on the nature of the Tour booked, or the location(s) in which such Tour operates, there may be a significant degree of personal risk involved in travel on the Tour. There are dangers inherent to adventure travel generally and you acknowledge you have considered such risk to health and safety and are willing to assume it, by confirming your booking such Tour. You acknowledge that you have considered the potential risks, dangers and challenges in light of your own personal capabilities and needs, and expressly assume the risks attendant to travel under such conditions. You acknowledge and agree that Phaedrus India is not liable / responsible for providing information or guidance to you with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where such Tours are operated.
You must ride your motorcycle or drive your car in accordance with local laws, rules and regulations. In the absence of fault by another party you are responsible for any damage arising from a collision involving you and a third party or another participant caused by your neglect.
You must inform us of any medical, physical, mental or other condition, which might affect your ability to safely complete the Tour, including any condition arising or recurring en route. If in our reasonable opinion we consider you medically, physically or mentally unsuited or unable to continue, we may in our absolute discretion terminate your participation or we may require you to undergo a medical examination before continuing.
If full details of any medical or physical conditions are not given at the time of booking, we reserve the right to cancel the booking when we become aware of these details and retain as much of the deposit or other payments as is needed to cover our reasonable costs and losses caused by cancellation.
It is your responsibility to ensure that you seek professional medical advice before travelling and to take all necessary health precautions and preventative measures and obtain vaccinations as necessary for the event.
You will have to strictly follow the tour program and comply with the Terms and Conditions of the various contractors / service providers. You are liable /responsible to register with Phaedrus India representative at the appointed date, place and time for departure and you would be treated as a no-show if you fail to do so and the consequences shall be entirely yours.
You are required to be punctual and adhere to the time-lines of the tour and of the contractors / service providers. If you are not punctual, you could miss your flight, transport, sightseeing etc. Phaedrus India will not be liable / responsible in any way in such situations.
You shall not behave in a manner which may cause distress or annoyance to other tour participants or to any other person or which may create the risk of danger or damage to property belonging to Phaedrus India or other tour participants, service providers or any other persons.
You shall not carry any item or object, the possession of which is forbidden by any law, rules or regulations. Nor shall you violate any other law, rules or regulations. Should any tour participant misbehave or violate any laws, rules or regulations, Phaedrus India shall have the right to discontinue his / her participation and exclude him / her from the tour at his / her risk, cost and expense. Should Phaedrus India suffer any damage or liability on account of a tour participant’s misbehaviour, Phaedrus India shall be free to separately charge and recover the losses and expenses from him / her.
For any visit which has religious significance (example: cathedrals / temples / mosques etc) you will need to follow the rules and regulations set by them. Examples could be:
Clothes not meeting with the required standards. Wherever required, you should cover your head with scarf; sleeveless clothes / shorts should not be worn. You must respect the place of worship.
Photography which may be forbidden.
Prohibition on eating or consumption of beverages.
Maintaining silence during religious ceremony etc.
Restrictions on entry timings due to ongoing religious rituals.
We have a zero tolerance policy regarding any type of abuse. Any form of threatening behaviour, verbal, racial or physical abuse to another member of the group or towards any of our staff, contractors or Tour leaders will result in you being expelled from the Tour and your participation terminated and you will be required to leave the Tour. We will have no further responsibility including any return travel arrangements from the point of termination. No refunds will be made and we will not pay any expenses or costs incurred as a result of such termination.
Phaedrus India is not liable / responsible for any damages, costs, expenses, losses, or claims which are attributable to the fault of yours, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Tour(s), or a Force Majeure event (as defined).
We will only be responsible for what our employees, agents and suppliers do or do not do if they were at the relevant time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
For all claims not involving death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay is limited to the amount paid by you to us in respect of the event.
We will not be responsible for any injury, illness, death, loss (e.g. loss of enjoyment), damage, expense, cost or other sum or claim of and description whatsoever which results from any act and/or omission of the person affected or the act and/or omission of a third party which were unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.
We do not accept responsibility for any services which are not a part of our contract with you, such as additional service or facility any supplier agrees to provide for you if the service or facilities are not advertised in our publicity materials and we have not specifically agreed to arrange them.
EMPLOYEES NOT AUTHORIZED TO CHANGE TERMS
No person including any of Phaedrus India’s employees have the authority to alter, amend, or waive any stipulation, representation, Terms or Conditions set forth in this document. Assurance if any, given by any of Phaedrus India employees or any other person, whether given verbally / in writing / by email / by sms or otherwise, which is contrary to the Terms and Conditions shall not bind Phaedrus India, in any manner.
LAW & JURISDICTION
In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the applicable rules. The Mediator shall be appointed by Phaedrus India. If the dispute is not settled by mediation within thirty (30) days of the appointment of the mediator, or such further period as the parties shall agree in writing, then the dispute shall be settled in accordance with the Arbitration and Conciliation Act, 1996 by a sole Arbitrator to be appointed by Phaedrus India. The Arbitration proceedings should be held in New Delhi, India. The arbitrator’s decision shall be final and binding on both parties. In case of any dispute concerning the award, the courts in New Delhi alone shall have exclusive jurisdiction. This contract will be governed by Indian law. You agree that in the event of a dispute or difference between the parties the exclusive jurisdiction shall vest in the competent court / forum / tribunal in New Delhi only.
PRIVACY OF INFORMATION
We try to maintain the privacy of the personal information provided by you. However, it would be necessary for us to share this information with Consulates, Embassies, Airlines, Hotels and other service providers who would be providing you service during the tour. We would also be constrained to disclose such information if we receive an order of the court, a requisition from any government or statutory authority, subpoena, or under any law, rules or regulations, such disclosure becomes necessary.
The information contained in our publicity materials is correct to the best of our knowledge at the time of publishing. Please note that the published information may have changed by the time you come to book your arrangements. Whilst every effort is made to ensure the accuracy of such information at the time of printing, errors do occasionally occur. You must therefore ensure you check all details with us before you apply.
PHOTOGRAPHY AND VIDEOGRAPHY
You agree to let us photograph and / or videograph the tour and specifically you agree to let us photograph and / or videograph you in the course of the tour. You consent to any such pictures being taken and agree that you hereby grant a perpetual, royalty-free, worldwide, irrevocable license to Phaedrus India Pvt Ltd, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to you or compensation payable to you.
You agree and accept that all such photographs and / or videgraphs and statistics are our absolute property and we have the unrestricted right to use them for any legitimate purposes including advertisement and commercial purposes. Further, you agree that if you share with us any photographs and / or videographs taken by you during the tour, we would be free to publish such photographs and / or videographs through all media including print media, websites, letters, emails etc.
Whilst we always take care not to publish anything which is compromising or might bring you into disrepute we cannot prevent and are not responsible for the publication of any images or statements or disclosure of personal data made by your co-participants.
AMENDMENTS AND SEVERABILITY
The latest Terms, as amended, may be accessed any time on Phaedrus India’s website, or will be sent to Client upon their written request to Phaedrus India. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
As to the interpretation of the aforesaid terms and conditions, our decision shall be final and binding upon you. Phaedrus India reserves the right to change the Terms & Conditions any time without any prior notice.